You are on page 1of 13

KAMPALA INTERNATIONAL UNIVERSITY

SCHOOL OF LAW
COURSE UNIT: LEGAL METHODS

YEAR: 1:2

GROUP NINE.

QUESTION; DISSERRTATION WRITING & RESEARCH PROPOSAL

NAME REG NO SIGNATURE

KALANGWA DERRICK 2023-04-16068

NAMUHENGE DOROTHY 2023-04-15933

NAKIRIMA MOREEN 2023-04-16157

KABUGHO DAPHINE 2023-04-15927

NAMUWAYA RACHEAL 2023-04-15705

ALINIIFE STELLA 2023-04-15605

TUHIRIWE PRIMAH 2023-04-15926

NANGOBI BRENDA 2023-04-16212

NAKIWALA SHEEBAH WENDY 2023-04-16260

SINGIZA EDWIN MUKAMA 2021-01-02386


Dissertation writing and Research proposal development are pivotal aspects of the academic journey,
enabling scholars to contribute knowledge and expertise that align with the constitutional framework of
Uganda. Uganda's constitutional acts provide the guiding principles for the nation's governance, ensuring
adherence to the rule of law, protection of fundamental rights, and promotion of social justice. These
constitutional underpinnings have a profound influence on the design, conduct, and ethical considerations
of academic research in Uganda.
For example, let's consider a research proposal in the field of human rights in Uganda. The Constitutional
Acts of Uganda emphasize the importance of upholding and safeguarding fundamental human rights and
freedoms, Article 20 of 1995 constitution of Uganda as amended. Any research proposal exploring the
status of human rights in Uganda, therefore, should not only adhere to the ethical principles of research
but also strive to contribute to the realization and protection of these rights as enshrined in the
constitution. Researchers must ensure their studies respect the principles of equality, non-discrimination,
and social justice, reflecting the constitutional ideals that guide the nation.

Dissertation writing refers to the process of conducting in-depth research, analysis, and critical
examination of legal issues or questions in a formal, structured, and scholarly manner. This academic
endeavor typically culminates in the creation of a substantial written document, known as a dissertation or
thesis, which demonstrates a student's proficiency in legal research, legal reasoning, and the ability to
contribute new knowledge to the field of law.
Key characteristics of dissertation writing
Original Research: It involves the investigation of a specific legal issue or question, often requiring the
collection and analysis of legal data, statutes, case law, or empirical evidence.
Thorough Literature Review: A comprehensive review of existing legal literature and precedents
related to the chosen topic to establish the research's context and identify gaps in legal knowledge.
Clear Research Question or Hypothesis: A well-defined research question or hypothesis that guides the
research and sets the scope of the dissertation.
Methodology: The description of the research methods employed, which may include legal doctrinal
analysis, empirical research, case studies, legal surveys, or a combination of these methods.
Legal Sources: Identification and analysis of relevant legal sources, including statutes, regulations, case
law, treaties, legal doctrine, and other legal documents.
Critical Legal Analysis: The application of critical thinking to evaluate legal arguments, principles, and
precedents, assessing their strengths, weaknesses, and implications.
Structured Format: Organizing the dissertation into sections or chapters, such as an introduction,
literature review, methodology, findings, discussion, and conclusion, to present a logical and coherent
argument.
Legal Citations and References: Properly citing legal sources and adhering to a recognized legal citation
style.
Ethical Considerations: Addressing any ethical concerns relevant to the research, especially when
dealing with sensitive or controversial legal topics.
Interdisciplinary Insights: Exploring the intersection of law with other disciplines and considering how
legal principles impact or are influenced by other fields.
Policy Implications: Examining how the research findings may have practical implications for law
reform, legal practice, or policymaking.
Supervision and Peer Review: Receiving guidance and feedback from legal advisors, professors, or
peers to enhance the quality of the dissertation.
Contribution to Legal Scholarship: Demonstrating how the research contributes to legal scholarship by
advancing understanding, challenging legal norms, or proposing new perspectives.
Dissertation writing in legal method serves as a significant requirement in legal education and research. It
equips students with the skills and expertise needed for legal analysis and critical thinking while
contributing to the development and advancement of legal knowledge and practice.
The structure of a dissertation in law follows a standardized format that includes specific chapters and
sections. While variations may occur depending on the academic institution, program, or specific
guidelines, the following is a common and widely accepted structure for a dissertation in law:
Title Page:
Title of the Dissertation
Your Full Name
Institutional Affiliation
Department
Date
Abstract:
A concise summary of the dissertation's key objectives, methodology, major findings, and conclusions.
Acknowledgments:
A section where you can express gratitude to those who supported you during the research process, such
as advisors, family, or funding sources.
Table of Contents:
Lists the chapters, sections, and subsections of the dissertation, along with their corresponding page
numbers.
List of Figures and Tables (if applicable):
An itemized list of all figures and tables used in the dissertation, with page references.
List of Abbreviations and Symbols (if applicable):
An alphabetized list of any abbreviations or symbols used in the dissertation, along with their
explanations.
Introduction:
An overview of the research problem or question.
Statement of the research objectives, research question(s), and hypotheses (if applicable).
A justification for the study's importance and relevance.
A preview of the dissertation's structure.
Literature Review:
A critical review of existing legal literature related to the research topic.
Identification of gaps or controversies in the literature.
Explanation of how the study contributes to existing knowledge.
Methodology:
Explanation of the research methods and techniques used.
Justification of the chosen methodology.
Detailed descriptions of data collection and analysis procedures.
Legal Background (or Theoretical Framework):
A section that provides the necessary legal or theoretical context for the research.
Explanation of key legal concepts, principles, or theories relevant to the study.
Case Law and Statutory Analysis:
Detailed examination and analysis of relevant case law and statutory provisions.
Identification of key precedents and statutes that apply to the research question.
Data Presentation:
Presentation of the data collected during the research, which may include legal cases, statutes, or other
legal documents.
Use of tables, graphs, charts, or other visual aids to present findings clearly.
Data Analysis:
In-depth legal analysis and interpretation of the data.
Discussion of how the findings address the research question or hypothesis.
Discussion:
Critical examination of the results in the context of the research question.
Exploration of the implications of the findings for legal practice, policy, or jurisprudence.
Comparison of results with the legal literature and precedents.
Addressing any limitations of the study.
Conclusion:
Summary of the key legal findings and their significance.
Restatement of the research question and how it has been answered.
Suggestions for future legal research and potential legal reforms.
References:
A comprehensive list of all legal sources, including case law, statutes, legal texts, books, articles, and
other legal references cited in the dissertation, formatted according to the required legal citation style
(e.g., Bluebook, OSCOLA).
Appendices (if applicable):
Additional materials that support the dissertation, such as legal case extracts, statutes, legal opinions, or
other legal documents.
The above structure provides a framework for organizing and presenting the content of your legal
dissertation. However, it's important to follow any specific guidelines or requirements provided by your
academic institution, program, or legal research community, as they may have unique formatting or
content expectations.
Example
Title: An Analysis of the Right to a Fair Trial in the Context of International Criminal Tribunals: A
Comparative Study with the Constitutional Framework of Uganda
Abstract:
This dissertation aims to undertake a comprehensive analysis of the right to a fair trial within the context
of international criminal tribunals, with a specific focus on its compatibility with the constitutional
framework of Uganda. The dissertation will explore the constitutional provisions related to fair trial rights
in Uganda, compare them with international standards, and assess their implementation in the proceedings
of international criminal tribunals. By examining case law, statutes, and legal frameworks, this
dissertation seeks to provide a critical analysis and recommendations for aligning the right to a fair trial in
international criminal tribunals with the constitutional principles of Uganda.
Chapter 1: Introduction
Background and Rationale
The opening chapter will provide an introduction to the topic and its significance in the field of
international criminal law. It will outline the background and rationale behind the research, discussing the
relevance and importance of analyzing the right to a fair trial in the context of international criminal
tribunals, particularly with regards to the constitutional framework of Uganda.
Research Questions
What are the constitutional provisions related to fair trial rights in Uganda?
How do international fair trial standards compare with Uganda's constitutional framework?
How are fair trial rights implemented in the proceedings of international criminal tribunals?
What recommendations can be made for aligning the right to a fair trial in international criminal tribunals
with the constitutional principles of Uganda?
Objectives
To analyze the constitutional provisions related to fair trial rights in Uganda
To compare international fair trial standards with Uganda's constitutional framework
To assess the implementation of fair trial rights in international criminal tribunals
To provide recommendations for enhancing the right to a fair trial in Uganda within the context of
international criminal tribunals
Significance of the Study
Here, the dissertation will discuss the significance of the research and its potential contributions to the
field of international criminal law. It may address the importance of upholding fair trial rights, both
domestically and internationally, and the potential impact of the research findings on the legal framework
in Uganda.
Scope and Limitations
This section will outline the scope and limitations of the dissertation. It may mention the specific time
frame and geographic focus of the research, as well as any constraints or limitations in terms of data
availability or resources.
Chapter 2: Literature Review
Conceptual Understanding of the Right to a Fair Trial
This section will provide an in-depth review of the conceptual understanding of the right to a fair trial,
exploring its historical development, theoretical underpinnings, and international recognition. It will also
discuss the elements and key principles that constitute a fair trial.
Fair Trial Rights in International Criminal Tribunals
This section will examine the fair trial rights as recognized and implemented in international criminal
tribunals, such as the International Criminal Court (ICC), the International Criminal Tribunal for the
former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR).
It will analyze relevant statutes, case law, and procedural rules to provide an overview of the fair trial
guarantees provided to defendants in these tribunals.
The Constitutional Framework of Uganda
This section will analyze the constitutional provisions related to fair trial rights in Uganda. It will examine
relevant constitutional articles, amendments, and case law to understand the legal framework protecting
fair trial rights within the country's domestic legal system. Special attention will be given to any
inconsistencies or gaps between international fair trial standards and the constitutional provisions of
Uganda.
Comparative Analysis of Fair Trial Rights
Comparative Analysis of Procedural Safeguards
This section will undertake a comparative analysis of the procedural safeguards established by
international criminal tribunals and the constitutional framework of Uganda. It will compare specific fair
trial rights, such as the right to legal representation, the right to a public trial, the right to confront
witnesses, and the presumption of innocence, among others. The analysis will assess to what extent the
constitutional provisions of Uganda align with international fair trial standards.
Assessing the Implementation of Fair Trial Rights
This section will evaluate the implementation of fair trial rights in the proceedings of international
criminal tribunals. It will examine case law and review the jurisprudence of these tribunals to identify any
challenges or issues that may arise in practice. The focus will be on identifying any disparities in the
implementation of fair trial rights between international criminal tribunals and the constitutional
framework of Uganda.
Recommendations for Enhancing Fair Trial Rights
Harmonization of Domestic Laws with International Standards
This section will provide recommendations for harmonizing the domestic laws of Uganda with
international fair trial standards. It will propose amendments or reforms to the constitutional provisions
and domestic legislation to ensure compatibility and consistency with recognized fair trial guarantees.
Strengthening Implementation Mechanisms
This section will suggest measures for strengthening the implementation of fair trial rights both
domestically and in the context of international criminal tribunals. It may include recommendations for
capacity-building, training, and awareness-raising among legal practitioners, judges, and law enforcement
agencies.
Conclusion
The final chapter will summarize the key findings and conclusions drawn from the dissertation. It will
reflect on the research questions, objectives, and research findings, highlighting the main challenges,
gaps, and recommendations identified. The chapter will conclude with a discussion on the implications of
the research and potential avenues for future research in this area.
Bibliography
1. Mamdani, Mahmood. "Citizen and Subject: Contemporary Africa and the Legacy of Late
Colonialism." Princeton University Press, 1996.
2. Kanyesigye, Julius. "Uganda: The Dynamic of Neoliberal Transformation." Zed Books, 2018.
3. Reid, Richard J. "A History of Modern Uganda." Cambridge University Press, 2017.
4. Calland, Richard, and Josephine Ahikire. "Contesting Transformation: Popular Resistance in Uganda
(1986-2012)." Fountain Publishers, 2013.
Improving Access to Justice
This section will focus on the importance of ensuring access to justice for all individuals, particularly
those who may face barriers in exercising their fair trial rights.
It will explore ways to enhance access to legal representation, legal aid, and other support services for
marginalized and vulnerable populations in Uganda. The section may also discuss the role of non-
governmental organizations and civil society in promoting access to justice.
Addressing Systemic Challenges
This section will address any systemic challenges or issues within the legal system of Uganda that may
hinder the effective implementation of fair trial rights. It may cover topics such as judicial independence,
legal infrastructure, judicial delays, and corruption. The section will propose reforms or strategies to
address these challenges and improve the overall fairness of the criminal justice system.
Conclusion and Recommendations
The final chapter will provide a comprehensive conclusion to the dissertation. It will summarize the key
findings and arguments made throughout the work, reiterate the importance of fair trial rights in Uganda,
and highlight the need for further improvements. The chapter will conclude with specific
recommendations for policymakers, legal practitioners, and other relevant stakeholders in Uganda to
enhance the protection and implementation of fair trial rights.
By following this outline, the dissertation will provide a thorough examination of fair trial rights in
Uganda, considering both international standards and the domestic legal framework. It will highlight the
challenges faced in implementing fair trial rights and propose practical recommendations for enhancing
the protection and realization of these rights.
A research proposal is a formal document that outlines a plan for conducting legal research on a specific
topic or issue within the field of law. It serves as a blueprint for a research project, providing a detailed
description of the research problem, research objectives, methodology, and expected outcomes. A well-
crafted research proposal in law is essential for obtaining approval and funding for the research project. It
typically includes the following key components:
Title: A concise and informative title that reflects the main focus of the research.
Introduction: An introduction to the research topic, including the background and context, the
importance of the research, and a clear statement of the research problem or question.
Research Objectives: Clearly defined research objectives or research questions that the study aims to
address.
Literature Review: A review of existing legal literature and relevant legal precedents related to the
research topic. This section demonstrates the researcher's understanding of the existing body of
knowledge.
Theoretical Framework: If applicable, an explanation of the theoretical framework or legal principles
that will guide the research.
Research Methodology: A description of the research methods and techniques that will be employed,
including data collection methods, legal analysis, case studies, surveys, interviews, or any other relevant
approaches.
Data Analysis: An outline of how the collected data will be analyzed and interpreted, especially if
statistical or legal analysis is involved.
Expected Outcomes: A discussion of the anticipated outcomes of the research, including any legal
recommendations, policy implications, or potential changes in legal practice.
Significance of the Study: An explanation of why the research is important and how it contributes to the
field of law, legal practice, or policy development.
Timeline: A proposed timeline for the research project, including key milestones and deadlines.
Budget: If applicable, a budget that outlines the financial requirements for the research project, including
costs for data collection, legal research, travel, or any other expenses.
References: A list of all legal texts, court decisions, statutes, academic sources, and any other references
cited in the proposal.
Appendices: Any additional materials, such as legal documents, research instruments, or supporting data,
that are relevant to the proposal.

Example:
I. Introduction
1.1 Background Uganda's Constitution guarantees the right to land ownership. However, land disputes
and tenure issues persist. Understanding the constitutional right to land ownership and its practical
implications is crucial for addressing these challenges.
1.2 Research Problem This study aims to investigate the practical implementation of the constitutional
right to land ownership in Uganda and the challenges faced by landowners.
1.3 Research Objectives
To assess the effectiveness of constitutional provisions related to land ownership.
To identify legal and practical barriers to the realization of land rights.
To propose legal and policy recommendations within the Ugandan constitutional framework.
II. Literature Review
2.1 Constitutional Provisions Articles 237 and 238 of the Ugandan Constitution explicitly protect land
rights. However, the interpretation and enforcement of these provisions have raised questions.
2.2 Legal Framework Uganda's land laws, including the Land Act and the Land Registration Act, provide
a legal framework for land ownership and transactions.
2.3 Land Tenure Systems Uganda's diverse land tenure systems, such as customary and leasehold, impact
land ownership and access.
III. Research Methodology
3.1 Research Design a mixed-methods approach will be used to gather data through interviews, surveys,
and document analysis. This approach aligns with Uganda's legal and socio-cultural diversity.
3.2 Data Collection a stratified sampling strategy will be employed to collect data from landowners, legal
experts, and government officials.
3.3 Data Analysis Quantitative data will be analyzed using statistical software, while qualitative data will
undergo thematic analysis. Legal documents will be reviewed within the context of the Ugandan legal
framework.
IV. Expected Outcomes and Significance
4.1 Expected Outcomes the study expects to reveal the practical challenges faced by landowners in
exercising their constitutional rights, along with insights into possible legal and policy solutions.
4.2 Significance of the Study This research will contribute to the understanding of land ownership within
the Ugandan constitutional framework, offering insights that can guide legal reforms and improve land
rights protection.
V. Timeline
Data collection (4 months)
Data analysis (3 months)
Report writing and dissemination (2 months)
VI. Budget
Research assistants
Travel expenses
Data collection tools
Administrative costs
VII. References
Constitution of the Republic of Uganda (1995).
Tumushabe, G. W. (2009). Land Tenure Systems and Land Reform in Uganda: The Issue of National
Land Policy and Land Reforms. African Human Rights Law Journal, 9(2), 372-394.
Muhumuza, J. (2016). Customary Land Tenure in Uganda: The Law, The Myth, and The Reality. In
Customary Land Tenure Systems in Africa: Lessons from the Law (pp. 273-292). Springer.
Uganda Ministry of Lands, Housing and Urban Development. (2018). The Land Act, 1998: A Guide to
Implementation.

Dissertation writing and research proposals in the context of legal methods share many similarities with
their counterparts in other academic disciplines but also have some unique characteristics due to the
specific nature of legal research. Here, I'll outline the similarities and differences between dissertation
writing and research proposals in legal methods:
Similarities of Dissertation writing and research proposal:
Academic Research: Both a dissertation and a legal research proposal involve academic research, where
you are expected to engage in systematic and scholarly investigation within the field of law.
Structured Documents: Both follow a structured format, typically including sections like introduction,
literature review, research methodology, and references. The structure helps in presenting the research in
a logical and organized manner.
Research Objectives: Both require a clear statement of research objectives, questions, or hypotheses. In
legal research, these objectives may relate to examining specific legal principles, cases, or issues.
Citation and Referencing: Both necessitate proper citation and referencing of relevant legal sources,
such as case law, statutes, regulations, legal literature, and precedents. Accurate citations are essential in
legal research to support your claims and arguments.
Differences of Dissertation writing and research proposal:
Purpose:
A dissertation is a comprehensive and in-depth research project, often required for the completion of a
law degree, such as a J.D. or LL.M. It aims to make a significant contribution to the field of law,
advancing legal scholarship.
A research proposal outlines the scope and objectives of a legal research project that you plan to
undertake. It is usually prepared to seek approval and funding for the research but is not the final research
document.
Scope and Length:
A dissertation is a substantial and lengthy document, involving extensive research, analysis, and
discussion. It often consists of tens of thousands of words.
A research proposal is a relatively concise document, outlining the key components of the research
project, typically ranging from 1,000 to 3,000 words.
Timing:
A dissertation is written after the research is completed, presenting the findings, analysis, and
conclusions.
A research proposal is written before the research begins and serves as a plan for the research project.
Audience:
Dissertation: The primary audience for a legal dissertation includes legal scholars, legal professionals,
faculty members, and legal academics. It is intended for evaluation and publication.
Research Proposal: The primary audience for a legal research proposal typically includes review
committees, potential funding agencies, and research advisors. Its goal is to secure approval and funding
for the research.
Content:
Dissertation encompasses a comprehensive review of relevant legal literature, a detailed research
methodology, presentation and analysis of legal findings, and a conclusion. It often involves substantial
legal analysis and interpretation.
Research proposal includes an introduction, a review of the legal literature, research objectives, research
methods, and a timeline. It focuses on the rationale and plan for conducting legal research.
Importance of Dissertation Writing:
Research Contribution: Dissertations are a significant contribution to academic and scientific
knowledge. They allow students and researchers to explore, analyze, and provide insights into a specific
research topic or problem, advancing the understanding of that subject.
Credentialing: For students pursuing advanced degrees, such as a Ph.D. or a master's degree, the
dissertation is often a requirement for graduation. It demonstrates a deep understanding of the field and
the ability to conduct independent, rigorous research.
Publication: In many cases, the findings of a dissertation can be published in academic journals or books,
which further contributes to the dissemination of knowledge and allows for recognition within the
academic community.
Critical Thinking and Research Skills: Dissertation writing hones critical thinking, problem-solving,
and research skills. It requires the ability to formulate research questions, design and conduct research,
analyze data, and draw meaningful conclusions.
Career Advancement: Completing a dissertation can open doors for academic and professional
advancement. It is often a requirement for academic positions, research roles, and other careers where
deep subject matter expertise is valued.

Importance of Research Proposals:


Project Planning: Research proposals are essential for outlining the scope, objectives, and plan of a
research project. They serve as a roadmap, helping researchers and stakeholders understand the purpose
and direction of the study.
Funding and Approval: Research proposals are crucial for obtaining funding and approval for research
projects. Funding agencies, universities, and research institutions typically require a well-structured
proposal to assess the feasibility and significance of the research.
Ethical Considerations: A research proposal outlines the ethical considerations and safeguards in place
to protect the rights and well-being of research participants. It ensures that the research adheres to ethical
standards and regulations.
Clear Communication: A well-written research proposal communicates the research project's objectives,
methodologies, expected outcomes, and potential contributions to the broader community. It helps
stakeholders, including research advisors and review committees, understand the research's purpose and
value.
Project Viability: By outlining the research methods, resources needed, and a timeline, a research
proposal allows researchers to assess the feasibility and practicality of the project. It helps identify
potential challenges and plan accordingly.
Accountability: Research proposals create accountability for the research project. Researchers can refer
back to the proposal to ensure that they stay on track with the original research goals and plans.

REFERENCES
Bassiouni, M. C. (2003). Introduction to International Criminal Law. Martinus Nijhoff.
Cassese, A. (2008). International Criminal Law (2nd ed.). Oxford University Press.
Du Plessis, M. (2008). Fair Trial Rights of the Accused: A Cross-Regional Study. Springer.
Birungi, C. (2015). Access to Justice in the Customary Legal System: A Case Study of the Customary
Land Dispute Resolution Mechanisms in the Rwenzori Region of Uganda. The International Journal of
Human Rights, 19(4), 447-468.

You might also like